| People v Santana |
| 2010 NY Slip Op 00900 [70 AD3d 448] |
| February 9, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Miguel Santana, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Marc Adam Sherman of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered July 11, 2008, asamended August 26, 2008, convicting defendant, after a nonjury trial, of attempted murder in thesecond degree, assault in the first degree (two counts) and criminal possession of a weapon in thesecond degree (two counts), and sentencing him to an aggregate term of 25 years, unanimouslyaffirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence. The requisite intent for the attempted murder and first-degree assault convictions couldbe readily inferred from defendant's actions in shooting the victims (see People v Getch,50 NY2d 456, 465 [1980]). The evidence shows that defendant was firing at targeted individuals,and not merely at random. Defendant's argument that he was "seemingly intoxicated or mentallyunstable" is speculative and unsupported by any evidence. We note that defendant did not raisean intoxication defense, or any defense relating to his emotional state or mental condition.Defendant did not preserve his claim that there was insufficient evidence of serious physicalinjury with regard to one of the victims (see People v Gray, 86 NY2d 10, 20 [1995]), andwe decline to review it in the interest of justice. As an alternative holding, we also reject it on themerits (see Penal Law § 10.00 [10]; People v Mohammed, 162 AD2d 367[1990], lv denied 76 NY2d 861 [1990]). Concur—Tom, J.P., Andrias, Friedman,Nardelli and Catterson, JJ.